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... the Ohio Attorney General reached a settlement with bankrupt subprime mortgage lender New Century Financial Corporation. Under the settlement, New Century and its subsidiaries cannot initiate new foreclosures, pursue pending ... disclosures; serial disclosures just make it more difficult for plaintiffs as a practical matter. The point . . . is that the price of Countrywide securities dropped as the disclosures accumulated." [106] However, the court did acknowledge that "dramatic market shifts will ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
14 Jul, 2008 8:57 pm by Lawrence B. Ebert
A NYT article notes: With $32 billion in assets, IndyMac, a spinoff of the Countrywide Financial Corporation, was the biggest American lender to fail in more than two decades. In the spirit of 1960's bumper stickers --Don't worry, they're still 90 ... list this spring - an indication that other troubled banks may be below the radar. See also http://ipbiz.blogspot.com/2008/07/nbc-nightly-news-on-countrywide.html See also how a warehouse lender ( Southwest Securities) shut out Countrywide and IndyMac.
IPBiz - http://ipbiz.blogspot.com
12 Mar 3:21 am
... as a way to avert dismissal, may suggest the constraints that plaintiffs in other cases may face in trying to rely on the Countrywide and New Century dismissal motion denials. It should be noted that relatively few of the dismissal motion denials thus ... have added the Impac dismissal to my list of subprime and credit crisis securities lawsuit resolutions, which can be accessed here. The "Ultimate Solution" to Corporate Financial Misconduct?: In a March 10, 2009 press release (here), Fuwei Films, ...
The D & O Diary - http://www.dandodiary.com/
4 Oct, 2007 6:06 am by canora57
... 's well worth reading, so here is an excerpt: "On its way to becoming the nation's largest mortgage lender, the Countrywide Financial Corporation encouraged its sales force to court customers over the telephone with a seductive pitch that seldom varied. "I want ... Now, with the entire mortgage business on tenterhooks and industry practices under scrutiny by securities regulators and banking industry overseers, Countrywide's money machine is sputtering...last week, Bank of America invested $2 billion ...
Section 1031 Tax Deferred Exchanges Blog - http://www.blog1031.com/blog1031com/
10 Apr 2:08 am
... complete the merger is not "distinctively unique" as it is like "the motives that have been found to be generally possessed by most corporate directors." She also found that the plaintiffs failed to allege any concrete and personal benefit the completion of ... here. Special thanks to a loyal reader for forwarding me a copy of the Radian decision. Dismissal Denied Again in Countrywide Case: Perhaps by contrast, and in one of the prominent cases in which a dismissal motion has been denied, on April ...
The D & O Diary - http://www.dandodiary.com/
17 Dec, 2008 3:54 am
... joins a growing list of subprime and credit crisis related securities cases that failed to survive preliminary motions. To be sure, the dismissal motions in the Countrywide subprime securities case (refer here) and the New Century Bankcorp ... continued backdating may have been occurring at KLA." This raises the "possibility" that the one SLC member was "tasked with investigation corporate malfeasance that he had previously, if unintentionally, approved," which in turn raised questions about his ...
The D & O Diary - http://www.dandodiary.com/
10 Mar, 2008 1:50 am by Michael Sung
[JURIST] The US Department of Justice and the Federal Bureau of Investigation (FBI) [official websites] have launched a criminal investigation into troubled mortgage lender Countrywide Financial [corporate website], according to a New York Times report Sunday. Federal authorities are investigating whether Countrywide criminally misrepresented its financial condition. The FBI is also cooperating
JURIST - Paper Chase - http://jurist.law.pitt.edu/paperchase/
5 Jun 3:57 am by Christian Ehret
[JURIST] The US Securities and Exchange Commission (SEC) [official website] on Thursday charged [complaint, PDF] former Countrywide Financial Corporation officials with securities fraud arising from misleading investors. Former CEO Angelo Mozilo [BusinessWeek profile] was additionally charged with insider trading for selling his stock in the company based on inside information, profiting almost
JURIST - Paper Chase - http://jurist.law.pitt.edu/paperchase/
8 Jul 2:16 am
... high profile cases (refer here), predetermined trading plans remain a good idea. A July 1, 2009 dismissal of a securities class action lawsuit pending in the Southern District of New York underscores the potential protective benefit that a trading plan ... sufficient to rebut scienter allegations, and which is discussed in an earlier post, here. Special thanks to Adam Savett of the Securities Litigation Watch for providing a copy of Judge Baer's opinion. Best Boards in America?: When Eric Jackson ...
The D & O Diary - http://www.dandodiary.com/
1 Apr 11:50 pm
... mortgages, foreclosures due to subprime mortgages, and the need for capital and liquidity. Countrywide entered into an agreement in August 2007 with BOA to secure additional funding. BOA invested $2 billion in Countrywide and in return ... applicable law, the Vice Chancellor noted that because this merger was a stock-for-stock transaction of two widely-held corporations, the Countrywide board's decisions surrounding the merger were subject to the protections of the business judgment rule. Moreover, ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
... huges losses due to the downturn in real estate and is seeking to deny coverage on assertions of Countrywide misconduct. The United Guaranty Corporation is in the business of issuing "private mortgage insurance." United Guaranty's website explains that private mortgage ... Mac" -- "Wall Street firms, private conduits, and other issuers of jumbo mortgage-backed securities - in other words, the 'private-label marketplace.'" United Guaranty explains that "when these large loans are packaged together, ...
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
31 Mar, 2008 4:48 am by Michael J. Hassen
... No. CV-07-06923," were filed in the California federal court "alleging that Countrywide directors engaged in an extensive pattern of misconduct in disregard of their fiduciary duties to the corporation," id., at 6, and plaintiffs a 200-page amended consolidated class ... trust and for a preliminary injunction, see id., at 23, holding that the automatic stay required by the Private Securities Litigation Reform Act (PSLRA) during the pendency of any motion to dismiss "applies to stay the derivative ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
9 Jun 8:17 pm by LaBovick Law
Countrywide executives must face the music for deception and fraud as the Securities and Exchange Commission (SEC) has brought charges against the former Chief Executive Officer (CEO) Angelo Mozilo and two executives for ... . When it collapsed in 2008, the Bank of America acquired Countrywide for more than $4 billion. This case is important as the public attempts to assign blame for the subprime mortgage collapse. Many corporate executives use a common defense against financial malfeasance, that ...
The Law Planet Blog - http://blog.thelawplanet.com/
29 Aug 7:14 am
... 's bankruptcy and asserted that Countrywide had a "very impressive liquidity plan...." After the March 2009 opinion, the release was amended accordingly. Now, the same shareholder objects to the release of potential federal securities laws violations based on the ... Ability of Counsel. The Court found that plaintiff's counsel are "experienced and skilled in complex Delaware corporate class action litigation". In sum, the Court found that $750,000 would be a fair and reasonable award for combined ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
11 Aug 2:34 am
... with a request for preliminary court approval. Under the stipulation, the case is to be settled by a payment of $55 million, to be funded entirely by Countrywide's fiduciary liability insurers. The plaintiffs first filed their complaint in September 2007. As reflected in the ... exposure and the extent to which that exposure may largely be uninsured, on August 10, 2009 State Street Corporation filed its Form 10-Q (here), in which among other things the company reported that the approximately $625 ...
The D & O Diary - http://www.dandodiary.com/
22 May, 2008 2:15 am by dave
... elements of the case detailed in the order were allegations about insiders' sales of substantial amounts of Countrywide stock right around the time of a company repurchase plan and pursuant to Rule 10b5-1 plans. I blogged about reports of the SEC's interest in Countrywide CEO Angelo Mozilo's use of Rule 10b5-1 plans last Fall, and ... defeat the very purpose of 10b5-1 plans, which were created to allow corporate insiders to 'passively' sell their stock based on triggers, such as specified dates ...
TheCorporateCounsel.net Blog - http://WWW.THECORPORATECOUNSEL.NET/blog/
14 May, 2008 6:52 pm
... and to the shareholders' detriment. Excessive CEO pay remains a widely perceived marker for poor corporate governance and even for securities litigation risk. But recent scholarly analysis of senior corporate executive compensation suggests ... Angeles has denied the defendants' motion to dismiss the shareholders' derivative lawsuit that has been filed against Countrywide Financial, as nominal defendant, and certain of its directors and officers. (A description of the lawsuit can be found here.) ...
The D & O Diary - http://www.dandodiary.com/
13 May 3:08 am
... have been denied, does not involve some of the more dramatic allegations involved in those other cases. For example, by contrast to the Countrywide case, allegations of insider trading were not a significant consideration in Judge Ungaro's denial of the motion to ... the prospect of having to pay monetary damages; he also faces further questions about his continued service on other corporate boards. As reflected in a May 12, 2009 Chicago Tribune article (here), Aldinger serves on the board of four ...
The D & O Diary - http://www.dandodiary.com/
9 Sep 2:52 am
... district court in that case specifically denied KPMG's motion to dismiss (refer here). In addition, in the Countrywide subprime-related securities lawsuit, the district court found denied KPMG's renewed motion to dismiss the claims ... no assurances that the remaining amount would be adequate for the company's continuing litigation. The potential cost of serious corporate litigation was also highlighted in the recent Broadcom options backdating derivative lawsuit settlement (about which refer here). ...
The D & O Diary - http://www.dandodiary.com/
31 Aug, 2007 1:05 am
If you are already an online subscriber to New York Law Journal Corporate Update Service you should be able to click on any of the links provided below, sign ... had withdrawn an allegation that the company violated New York's whistleblower statute." Corporate Governance Thursday, August 30, 2007 By David A. Katz and Laura A. McIntosh ... Bar "Bank of America Corp. has agreed to invest $2 billion in Countrywide Financial Corp. as Countrywide, the nation's largest mortgage lender, tries to stay afloat ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
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